More Categories

Rule 125.03 – Order of Proceedings

May 13, 2021 | Family Law, Missouri

a. The order of proceedings, after a petition has been filed by the juvenile officer or children’s division pursuant to section 211.447, RSMo, shall be as follows:

(1) the juvenile officer or the children’s division shall request and ensure issuance by the clerk of a summons for service upon all parties and any foster parent, relative or other person providing care for the juvenile;
(2) the juvenile officer or the children’s division shall request the court to appoint a guardian ad litem for the juvenile in whose interest the petition has been filed;
(3) within 30 days after the petition has been filed, the juvenile officer shall meet with the court to determine whether all parties have been served with summons and to request the court to order an investigation and social study;

(A) if all parties required to be served with summons have not been served, the court may in its discretion extend the time for service;
(B) the court shall order the juvenile officer, children’s division, a public or private agency authorized or licensed to care for juveniles, or any other competent person, as directed by the court, to make an investigation and social study;
(C) the court shall schedule a dispositional hearing, as required by section 211.459.1, RSMo;
(4) unless continued for good cause, the court shall hold the dispositional hearing within 30 days after the juvenile officer and the court have met to determine whether all parties have been served with summons;
(5) no later than 15 days prior to the dispositional hearing, the court-ordered investigation and social study shall be made available to all parties or their counsel, the guardian ad litem and any court appointed special advocate;
(6) the court shall receive evidence and determine whether the allegations of the petition have been established in accordance with the appropriate standard of proof;

(A) if the court finds the statutory conditions for termination are not established by evidence that is at least clear, cogent and convincing, the court shall enter judgment denying the petition;
(B) if the court finds the statutory conditions for termination are established by evidence that is at least clear, cogent and convincing, the court shall determine whether a preponderance of the evidence establishes that termination is in the best interests of the juvenile;
(7) when the court finds that the statutory conditions for termination exist and that termination is in the best interests of the juvenile, the court may terminate the rights of the parent to the juvenile.
b. If the petition is not filed by the juvenile officer or children’s division, the juvenile officer or children’s division, when mandated by section 211.447.2, RSMo, shall file a motion to be joined as a party.
c. All parties and the guardian ad litem shall be afforded the opportunity to cross-examine witnesses, testify, present evidence, and present argument concerning the weight, credibility and effect of the evidence.

Mo. R. Prac. P. Juv. Ct. & Fam. Ct. 125.03

Adopted Dec. 9, 1975, eff. Aug. 1, 1976. Amended May 28, 1981, eff. Jan. 1, 1982; Dec. 9, 1997, eff. Jan. 1, 1999.

Comment

A juvenile in a proceeding under sections 211.442 to 211.487, RSMo, is a person under 18 years of age. Service of summons upon a juvenile shall be made in accordance with Rule 114.01 c.

A putative father has no legal relationship to the juvenile unless, prior to entry of a judgment under sections 211.442 to 211.487, RSMo, he has acknowledged the juvenile as his own by affirmatively asserting his paternity.

When appointing a guardian ad litem and court appointed special advocate for the juvenile in a proceeding under sections 211.442 to 211.487, RSMo, the court, to the extent possible, should appoint the guardian ad litem and court appointed special advocate who were appointed for the juvenile in the proceeding filed in the interest of the juvenile under subdivision (1) of subsection 1 of section 211.031, RSMo.

If a petition for termination of parental rights is filed for more than one juvenile in a family, the court may, if deemed to be in the best interests of each juvenile, join the petitions for disposition in one proceeding.

.

Cross-reference: Sections 192.016, 211.447, 211.452, 211.453, 211.455, 211.459, and 211.462, RSMo. .